Legal employment check for foreigners: key documents

A legal employment check for foreigners, run by the National Labour Inspectorate (Państwowa Inspekcja Pracy, PIP) or the Border Guard (Straż Graniczna), happens where people work: on the shop floor, in a warehouse, on a construction site. Inspectors check whether every person has a basis for stay and a basis for work, and the full set of documents is best kept on hand at the site, because that's where the questions start.

What a legal employment check looks for

Inspectors compare what they see on site with what's in the paperwork. For every foreigner they check:

basis for stay: a visa, stay under visa-free travel (passport with entry dates), a residence card, UKR status for Ukrainian citizens, a certificate confirming a residence application was filed, and their validity,
basis for work: a work permit, a declaration of entrusting work entered in the register, a notification (for Ukrainian citizens under temporary protection), or a title exempting from these documents,
a written contract and whether it matches the conditions in the permit or declaration,
social insurance registration and working time records,
pre-employment medical checks and health and safety (BHP) training.

Under a contract of mandate (umowa zlecenie), common in temporary work, the number of hours is confirmed as set out in the contract rather than in Labour Code working time records. The scope of BHP training is then set by the workplace or the principal.

A common mistake concerns the start date. Work under a declaration can only begin after it's entered in the register by the county labour office (powiatowy urząd pracy), and notification of employing a Ukrainian citizen must be filed within 7 days of the start of work, via praca.gov.pl. Details are covered in the article on notification of entrusting work to a Ukrainian citizen.

Where to keep documents and for how long

Residence documents and work-basis documents are kept by the foreigner's employer, and with temporary work by the agency. Access to them is worth limiting to the people who need them, and it's worth arranging in advance who will show them to inspectors on site, and when.

The employer must request a valid residence document from the foreigner before work starts and keep a copy of it for the whole period of employment plus 2 years from the end of the calendar year in which the employment ended. Example: a contract ends in March 2026, so the copy must be kept until the end of 2028.

Residence applications are filed through the MOS portal, and instead of a stamp in the passport the foreigner receives a printable certificate confirming the application was filed. A copy of this certificate should also be in the set. Whether the stay remains legal while the proceedings are pending depends on the application having been filed correctly, and the current rules are confirmed by the voivodeship office (urząd wojewódzki). More on this in the article on passport stamp and the right to work.

With temporary work, the employer is the agency, but people work at the client's site. The agreement between the agency and the plant should therefore specify how the document set will be made quickly available to inspectors at the workplace. The division of duties is covered in the article on rights of a temporary worker.

How an on-site check proceeds

A check can start without notice. Inspectors show their service ID and, as a rule, an authorization, enter the premises, request documents, and talk to workers and supervisors. After the actions they draw up a report.

Ask to see the ID and note the inspector's details.
Name one contact person for the inspectors, ideally the one who keeps the deadline records.
Show the full document set for the people the inspectors ask about.
Read the report before signing. Objections can be raised to the report within the deadline stated in it, and that right should be used, because silently accepting the report makes later defense harder.

What fines can follow a check

The basis for fines is the act of 20 March 2025 on the conditions for entrusting work to foreigners, in force since 1 June 2025. Fines apply to both sides:

Who	For what	Fine
The entity entrusting work	illegally entrusting work to a foreigner	PLN 3,000-50,000
The entity entrusting work	the same, with intent and particularly reprehensible conduct	PLN 6,000-50,000
The foreigner	illegal performance of work	PLN 1,000-5,000
The party that breached the duty	procedural violations, e.g. notifications and documentation	PLN 500-5,000

The fine for the employer grows in proportion to the number of foreigners affected by the violation, so the range is counted per person. For declarations, failing to notify the start of work within 7 days or failing to notify non-commencement of work within 14 days carries a fine of up to PLN 5,000. Who bears responsibility with temporary work and subcontracting is covered in the article on fines for illegally entrusting work.

How to prepare a workplace for a check

One register for all foreigners, with two date columns: end of legal stay and end of the work basis. Reminders set in advance, because an application for temporary residence must be filed at the latest on the last day of legal stay. Plus a person designated to be the contact for inspectors.

Frequently asked questions

Can a PIP inspector enter a company without notice?

Yes. A legal employment check doesn't require prior notice. The inspector shows their service ID and, as a rule, an authorization to inspect.

What fine can a labour inspector impose?

A labour inspector can impose a penalty fine through the ticketing procedure, and in more serious cases refers a request for punishment to court. The amount of the fine depends on the type of violation.

Does the foreigner also face a fine for illegal work?

Yes. Illegal performance of work carries a fine of PLN 1,000 to 5,000 for the foreigner, independent of the fine for the entity that entrusted the work.

What happens if the documents are at the company but not at the site of the check?

The regulations require keeping copies of residence documents but don't state they must be on the shop floor. In practice, not having them on site delays clarifying the case.

The rules on residence and employment of foreign nationals change often, and much depends on citizenship, the basis of stay and the situation of the particular person. This text describes the general course of the procedure. Before filing documents, confirm the current state of affairs at the voivodeship office.